Section 2 Judicial Enforcement of Claims for Payment of Money (Articles 156 to 164)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 156第百五十六条
Statutory Deposit by a Third Party Obligor(第三債務者の供託)
A third party obligor may make a statutory deposit of money equivalent to the total amount of the monetary claim subject to a seizure (limited to a monetary claim seized based on an order of seizure; the same applies in this Article and Article 161-2) to an official depository at the place of performance of the obligation.
Article 156, paragraph (2)(第三債務者の供託)(Statutory Deposit by a Third Party Obligor)Changed
A third party obligor must, by the time the obligor receives a service of thea complaint for the action prescribed in paragraph (1) of the following Article, make a statutory deposit, to an official depository at the place of performance of the obligation, of money equivalent to the total amount of the claim if the obligor has been served with an order of seizure, a disposition of seizure or an order of provisional seizure that has been issued beyond the unseized portion of thea monetary claim subject to a seizure, or of money equivalent to the seized portion if the obligor has been served with a document stating an electronic or magnetic record (limited to a record that is recorded in a file) prepared by the recording court clerk recording that a distribution demand has beenis made, to an official depository at the place of performance of the obligation.
A third party obligor, when the obligor has received service of a statutory deposit order prescribed in the provisions of Article 161-2, paragraph (1), must make a statutory deposit of money equivalent to the total amount of the claim subject to a seizure to an official depository at the place of performance of the obligation.
A third party obligor, when the obligor has made a statutory deposit under the preceding three paragraphs, must notify the enforcement court of the circumstances.
第三債務者は、前三項の規定による供託をしたときは、その事情を執行裁判所に届け出なければならない。
Article 157第百五十七条
Suit for Collection(取立訴訟)
Article 157, paragraph (1)
When an attaching obligee has filed an action seeking performance of a seized claim (referred to as a "suit for collection" below) against a third party obligor, the court in charge of the case may, upon petition by the third party obligor, order any other obligee who has seized the claim by the time of the service of the complaint to intervene on the plaintiff's side as a co-litigants
The court may render the judicial decision referred to in the preceding paragraph without hearing oral arguments.
前項の裁判は、口頭弁論を経ないですることができる。
Article 157, paragraph (3)
Effects of a judgment in a suit for collection extend even to any attaching obligees who had been ordered to intervene pursuant to the provisions of paragraph (1) but had failed to intervene.
When upholding the plaintiff's claim in a suit for collection against a third party obligor who is obligated to make a statutory deposit pursuant to the provisions of paragraph (2) or (3) of the preceding Article, the court in charge of the case must include a statement that the payment of money for the claim should be made by the method of a statutory deposit in the main text of the judgment.
When the plaintiff of the judgment prescribed in the preceding paragraph is to receive distribution or payment in judicial enforcement or an auction, a statutory deposit of money equivalent to the amount of the distribution or payment must be made.
An enforcement court may, upon petition by the attaching obligee, issue an order to assign the seized monetary claim to the attaching obligee at face value in lieu of payment (referred to as an "assignment order" below).
An assignment order must be served upon the obligor and the third party obligor.
転付命令は、債務者及び第三債務者に送達しなければならない。
Article 159, paragraph (3)(転付命令)
If, by the time an assignment order is served upon the third party obligor, another obligee carries out a seizure or a provisional seizure or makes a distribution demand in connection with the monetary claim subject to the assignment order, the assignment order does not become effective.
An appeal may be filed against an order on the petition referred to in paragraph (1).
第一項の申立てについての決定に対しては、執行抗告をすることができる。
Article 159, paragraph (5)(転付命令)
An assignment order is not effective until it becomes final and binding.
転付命令は、確定しなければその効力を生じない。
Article 159, paragraph (6)(転付命令)
With regards to the application of the provisions of the preceding paragraph if a seized monetary claim is a claim stated in the items of Article 152, paragraph (1) or a claim under paragraph (2) of the Article (excluding cases where a monetary claim related to the obligations stated in the items of Article 151-2, paragraph (1) is included in claims of the attaching obligee), the phrase "unless it becomes final and binding" in the paragraph is deemed to be replaced with "until it becomes final and binding, and four weeks have passed from the date when the order of seizure is served to an obligor".
If an appeal against an enforcement decision has been filed on the groundsbasis that athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) wasis submitted after the issuance of an assignment order, the court of appeal must withhold the judicial decision on the appeal against an enforcement decision, except in the case of setting aside the assignment order based on another groundreason.
If an assignment order has become effective, as long as the monetary claim for the assignment order exists, the claim and enforcement costs of the attaching obligee is deemed to have been performed, in the amount of the face value of the claim, at the time of the service of the assignment order upon the third party obligor.
When a seized claim is one subject to a condition or one with a due date, or when it is difficult to collect the claim since it relates to counter-performance or due to any other grounds, the enforcement court may, upon petition by the attaching obligee, issue an order to transfer the claim to the attaching obligee at the price specified by the enforcement court in lieu of payment (referred to as a "transfer order" below), issue an order that orders a court enforcement officer to sell the claim by the method specified by the enforcement court in lieu of collection (referred to as a "sale order" below), issue an order to appoint an administrator and order the administrator to conduct administration of the claim (referred to as an "administration order" below), or issue any other order that orders a realization through a reasonable method (collectively referred to in Article 167-10, paragraph (1) as a "transfer order, etc.").
An enforcement court must, in the case of issuing an order under the preceding paragraph, interrogate the obligor; provided, however, that this does not apply when the obligor is in a foreign state or the domicile of the obligor is unknown.
An appeal may be filed against an order on the petition referred to in paragraph (1).
第一項の申立てについての決定に対しては、執行抗告をすることができる。
Article 161, paragraph (4)(譲渡命令等)
An order under paragraph (1) is not effective until it becomes final and binding.
第一項の規定による決定は、確定しなければその効力を生じない。
Article 161, paragraph (5)(譲渡命令等)
If the seized claim is a claim stated in the items of Article 152, paragraph (1) or a claim under paragraph (2) of that Article (excluding cases where a monetary claim related to the obligations stated in the items of Article 151-2, paragraph (1) is included in claims of the attaching obligee), the phrase "unless it becomes final and binding" in the preceding paragraph is deemed to be replaced with "until it becomes final and binding, and four weeks have passed from the date when the order of seizure is served to an obligor".
When a court enforcement officer has sold a seized claim, the officer must, in lieu of the obligor, notify the third party obligor of the transfer of the claim by delivering an instrument bearing a certified date.
The provisions of Article 159, paragraphs (2) and (3) and the preceding Article apply mutatis mutandis to a transfer order, the provisions of Article 159, paragraph (7) apply mutatis mutandis to an appeal against an enforcement decision filed against a transfer order, the provisions of Article 65 and Article 68 apply mutatis mutandis to a sale by a court enforcement officer based on a sale order, the provisions of Article 159, paragraph (2) apply mutatis mutandis to an administration order, and the provisions of Article 84, paragraphs (34) and (45), Article 88, Article 94, paragraph (2), Article 95, paragraphs (1), (3) and (4), Articles 98 through 104, and Articles 106 through 110 apply mutatis mutandis to administration based on an administration order, respectively. In this case, the phrase "after the payment of the sales price" in Article 84, paragraphs (34) and (45) is deemed to be replaced with "after the passage of the period referred to in Article 107, paragraph (1) as applied mutatis mutandis pursuant to Article 161, paragraph (7)".."
In the cases falling under either of the following items, an enforcement court may, upon petition by an attaching obligee effecting a seizure, order a third party obligor to make a statutory deposit of money equivalent to the total amount of the claim subject to the seizure to an official depository at the place of performance of the obligation (in this Article and Article 167-10 referred to as a "statutory deposit order" below):
if a decision specified in Article 133, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis under Article 20 has been made regarding the domicile or name of the attaching obligee effecting a seizure or the obligee's statutory agent; or
if the matters in lieu of the domicile or name of the attaching obligee effecting a seizure or the obligee's statutory agent specified pursuant to the provisions of Article 133, paragraph (5) of the Code of Civil Procedure (including as applied mutatis mutandis pursuant to other Acts) are indicated in a title of obligation.
A statutory deposit order must be served upon the third party obligor.
供託命令は、第三債務者に送達しなければならない。
Article 161-2, paragraph (3)
An appeal may be filed against an order to deny the petition stated in paragraph (1).
第一項の申立てを却下する決定に対しては、執行抗告をすることができる。
Article 161-2, paragraph (4)
No appeal may be entered against a statutory deposit order.
供託命令に対しては、不服を申し立てることができない。
Article 162第百六十二条
Carrying Out an Order to Seize a Claim for Delivery of a Vessel(船舶の引渡請求権の差押命令の執行)
Article 162, paragraph (1)
An obligee who has had a claim for delivery of a vessel seized may, when one week has passed from the day on which an order of seizure is served upon the obligor, demand the third party obligor to deliver the vessel to the custodian appointed by the district court having jurisdiction in the locality of the vessel.
Judicial enforcement against a vessel delivered to a custodian pursuant to the provisions of the preceding paragraph is carried out by the means of enforcement against a vessel.
前項の規定により保管人が引渡しを受けた船舶の強制執行は、船舶執行の方法により行う。
Article 162, paragraph (3)
If the custodian prescribed in paragraph (1) has received delivery of a vessel, if an order commencing compulsory auction proceedings is issued for the vessel, the custodian is deemed to be a custodian appointed pursuant to the provisions of Article 116, paragraph (1).
Carrying Out an Order to Seize a Claim for Delivery of Movables(動産の引渡請求権の差押命令の執行)
Article 163, paragraph (1)
An obligee who has had a claim for delivery of movables seized may, when one week has passed from the day on which an order of seizure is served upon the obligor, demand the third party obligor to deliver the movables to the court enforcement officer who has received a petition by the attaching obligee.
When a court enforcement officer has received delivery of movables, the officer sells the property through the procedure of sale in enforcement against movables, and must submit the proceeds of the sale to the enforcement court.
When an assignment order or a transfer order has become effective and binding for the claim prescribed in Article 150, or when a sale based on a sale order has been terminated, a court clerk must, upon petition, commission registration of transfer of the statutory lien, pledge or mortgage for the attaching obligee or the purchaser who acquired the claim, and commission deletion of registration under that Article.
Article 164, paragraph (2)(移転登記等の嘱託)(Commission of Registration of Transfer)Changed
In the case of making a commission under the preceding paragraph (excluding the case prescribed in the following paragraph), the commission document must have attached to it an authenticated copyan attached certificate of recorded information of an assignment order or a transfer order, or a transcript an attached certificate of the document recorded information of an electronic or magnetic record that is prepared by a court enforcement officer regarding a sale based on a sale order and recorded in a file.
Article 164, paragraph (3)(移転登記等の嘱託)(Commission of Registration of Transfer)Changed
In the case of making a commission under paragraph (1), when making a commission under Article 18 of the RealImmovable Property Registration Act (Act No. 123 of 2004) as applied mutatis mutandis pursuant to Article 16, paragraph (2) of thatthe Act (including as applied mutatis mutandis pursuant to other laws and regulations), information proving the fact that an assignment order or a transfer order has been issued or information proving the contents of the document an electronic or magnetic record that is prepared by a court enforcement officer regarding a sale based on a sale order and recorded in a file must be provided togethersubmitted along with the commission information.
The registration and license tax and any other costs required for a commission under paragraph (1) are borne by the attaching obligee or the purchaser prescribed in the paragraph.
Article 164, paragraph (5)(移転登記等の嘱託)(Commission of Registration of Transfer)Changed
If registration, etc. has been made pursuant to the provisions of Article 150, when a document or electronic or magnetic record proving that a payment or a statutory deposit has beenis made for the seized claim has been submitted, a court clerk must, upon petition, commission deletion of that registration, etcthe relevant registration. The same applies when the petition for enforcement against a claim has been withdrawn or when an order setting to set aside thean order of seizure has become final and binding.
The registration and license tax and any other costs required for a commission under the preceding paragraph are borne by the obligor in the case referred to in the first sentence of that paragraph, and by the attaching obligee in the case referred to in the second sentence of that paragraph.